What to Do If Your Visa Application Is Refused or Cancelled?

If your visa application is refused or your visa is cancelled, you may have options for recourse, including having the decision reviewed by the Administrative Review Tribunal (ART).

Who can Review the Decision?

Administrative Review Tribunal (ART) 

The ART is an independent body that reviews government decisions related to visa refusals and cancellations. Within the AAT, there are specialized divisions that handle different types of cases: 

• General Division: Reviews decisions related to: 

  • Character matters (including section 501 of the Migration Act 1958) 

  • Citizenship matters

  • Office of the Migration Agents Registration Authority (OMARA) matters 

• Migration and Refugee Division (MRD): Focuses on most migration and refugee visa refusals, including sponsorship or nomination refusals and visa cancellations. 

• Immigration Assessment Authority: An independent office within the MRD that reviews fast-track decisions related to certain Protection visas. 

What are the ART Reviewable Decisions?

Not all decisions are eligible for review. For example, if the Minister for Immigration personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958, you cannot have this decision reviewed by the AAT. 

What Happens After the ART Review? 

The AAT will make one of the following decisions: 

• Affirm: The AAT agrees with the department’s decision and the refusal or cancellation stands. 

• Set Aside: The AAT changes the department’s decision, replacing it with a new decision. 

• Remit: The AAT requires the department to reconsider the decision based on directions provided by the AAT. 

• No Jurisdiction: The AAT determines it does not have the authority to review the decision.

CAUTIOUS: Apply for a Review on Time 

Pay extra attention to the time frame specified in the refusal or cancellation letter. This letter will indicate how many days you have to submit an appeal. Failing to do so within the specified time period may result in losing your chance for a review. 

Can I Stay in Australia While My Application Is Being Reviewed? 

You will generally be granted a Bridging Visa, which allows you to remain in Australia while your review application is processed. This visa typically carries the same conditions as your previous visa, such as work or study rights. 

What If My Appeal Fails at the AAT?

If the AAT affirms the department’s decision, you have two further options: 

1. Application to the Federal Court: If you believe a legal error occurred in the decision made by the department or the AAT, you can apply to the Federal Court for a review. 

2. Application for Ministerial Intervention: You may write to the Minister requesting personal discretion to grant you a visa. You will need to present a compelling case or reason for the minister to consider intervening in your situation. 

How Can Agape Henry Crux Help You?

Facing a visa refusal or cancellation can be stressful, but understanding your options for appealing the decision will broaden your vision. Whether through the AAT or other avenues, ensure you seek guidance from a legal professional and act promptly to protect your rights and opportunities in Australia. Do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist in Immigration Law to seek professional advice by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.

We speak fluent English, Mandarin, Cantonese, and Malay. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.